PROCEDURE-COURT

Landlord Can Amend Defective Verification of Court Petition

August 29, 2017    

Landlord sued to evict tenant, claiming that the building wasn't a multiple dwelling and that tenant was unregulated. Tenant asked the court to dismiss the case because the termination notice and court petition...

Eviction Case Dismissed for Improper Delivery of Court Papers

August 28, 2017    

Landlord sued to evict a squatter from a rent-stabilized apartment after serving a 10-day notice to quit. The squatter asked the court to dismiss the case, claiming improper service. The court ruled for the squatter...

Assisted Living Facility Seeking Resident's Eviction Can't Join Guarantor to Proceeding

August 28, 2017    

Nassau County facility operator sued to terminate residency and evict assisted living facility resident under Social Services Law (SSL) Section 461-h. The operator also sought $22,000 in overdue charges from resident...

Court Vacates Settlement Agreement Tenant Signed After Suffering Epileptic Seizure

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court giving landlord a final judgment of possession. Tenant later asked the court to vacate...

Landlord Must Give Tenant Copies of Documents for Pretrial Questioning

August 19, 2017    

Landlord sued to evict rent-stabilized tenant for chronic late payment of rent. Landlord claimed that between 1999 and 2015, it had to commence 26 nonpayment proceedings against tenant, including at least one each...

Tenant Claims Landlord Didn't Properly Deliver Eviction Papers

July 27, 2017    

Landlord sued to evict Section 8 tenant for failing to recertify and to supply information on time about her 2016 family income. This violated tenant's low-income lease rider. Landlord and tenant signed a...

Court Excuses Default of Tenant with Medical Condition

July 27, 2017    

Landlord sued to evict rent-stabilized Section 8 tenant for breaching a substantial obligation of her lease. Landlord claimed that tenant failed to provide access to complete necessary repairs in her apartment. The...

Court Vacates Settlement Agreement Based on Potential Rent Overcharge

June 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,300. Landlord and tenant settled the case in court by which landlord agreed to make repairs and tenant agreed to...

Landlord's Proof of Defaulting Tenant's Nonmilitary Status Insufficient

June 24, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment after tenant failed to appear and claimed that tenant wasn't in military service. The court ruled against landlord, finding...

Landlord Didn't Have to Name Tenant's Husband in Court Papers

May 30, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease. At trial, tenant asked the court to dismiss the case because landlord hadn't named tenant's husband as a party to the case, even...

No Proof Landlord Delivered Copy of Termination Notice to NYCHA

May 30, 2017    

Landlord sued to evict tenant who received Section 8 benefits. Tenant asked the court to dismiss the case, finding that there was no proof that landlord sent NYCHA a copy of the termination notice. Landlord argued...

Landlord Can't Sue Guarantor for Rent Arrears in Eviction Proceeding

May 22, 2017    

Landlord sued to evict tenant for nonpayment of rent and joined tenant’s guarantor as a party to that case. The guarantor filed an answer but didn’t appear for trial. The court ruled for landlord and got...

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